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LOCKHART v. FRETWELL

No. 91-1393.

506 U.S. 364 (1993)

113 S.Ct. 838

122 L.Ed.2d 180

LOCKHART, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION v. FRETWELL

Supreme Court of United States.

Decided January 25, 1993.

Attorney(s) appearing for the Case

Winston Bryant, Attorney General of Arkansas, argued the cause for petitioner. With him on the briefs were Clint Miller, Senior Assistant Attorney General, and J. Brent Standridge, Assistant Attorney General.

Amy L. Wax argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Bryson, and Richard A. Friedman.

Ricky R. Medlock, by appointment of the Court, 504 U.S. 984, argued the cause and filed a brief for respondent.*

Rehnquist, C. J., delivered the opinion of the Court, in which White, O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined. O'Connor, J., p. 373, and Thomas, J., p. 375, filed concurring opinions. Stevens, J., filed a dissenting opinion, in which Blackmun, J., joined, p. 376.

Chief Justice Rehnquist delivered the opinion of the Court.

In this case we decide whether counsel's failure to make an objection in a state criminal sentencing proceeding — an objection that would have been supported by a decision which subsequently was overruled — constitutes "prejudice" within the meaning of our decision in Strickland v. Washington, 466 U.S. 668

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